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Madras High Court orders issuance of notice on circular against blind - Volume 5 Issue 3: Disability News and Information Service for India

Madras High Court orders issuance of notice on circular against blind

D.N.I.S. News Network – TheMadras
High Court has ordered the issuance of notice returnable by February first week
on a writ petition filed by a blind person, Sekar
from Porur, seeking to quash a circular of the
National Securities Depository Limited (N.S.D.L.) in Mumbai, imposing certain
conditions with regard to visually impaired people opening an account with the
I.C.I.C.I. Web Trade in Chennai. The First Bench comprising Chief Justice A. P.
Shah and Justice K. Chandru ordered the issuance of
notice to Union Social Welfare Secretary, Union Finance Secretary, I.C.I.C.I.
Web Trade Managing Director, and N.S.D.L. President.

The circular by N.S.D.L. dated 25
August 2005 states that blind persons who wish to open an account, must come in
person at the time of opening the account, operating the same and transferring
the security from his/her account to any other account. He/she should be
accompanied by two companions. Though the blind person could sign, he/she must
put his/her thumb impression and the two companions should also sign on the
form to open the account. Further, the blind person should always be
accompanied by any one of the companions, who was present at the time of
opening the account. In all the records, including the agreement of his/her
transactions, one of the companions should also sign.

In the writ
petition, Sekar stated that he wanted to do business
in share market and when he approached the I.C.I.C.I. Web Trade, N.S.D.L. gave
this circular. The petitioner contended that the conditions were impracticable,
unreasonable, against the principles of natural justice, and untenable in law;
that the circular violated the Fundamental Rights of blind persons guaranteed
under the Constitution and the Persons with Disabilities (Equal Opportunities
and Protection of Rights and Full Participation) Act. It could pave the way for
malafide activities by the companions. The petitioner
added that blind people could operate their account independently on the
computer, with the help of J.A.W.S.